Interpretation of Statutes at Thailand
Certainly! Here’s an overview of Interpretation of Statutes in Thailand:
📘 Interpretation of Statutes in Thailand
1. Legal System Overview
Thailand follows a civil law system with influences from common law and traditional Thai legal principles.
The Constitution of Thailand is the supreme law.
Laws are enacted by the National Assembly and other authorized bodies.
The judiciary interprets and applies statutes within this framework.
2. Sources Governing Interpretation
The Constitution of Thailand — highest legal authority.
Statutes enacted by the National Assembly.
Judicial decisions from the Supreme Court and other courts.
Interpretive guidelines from the Council of State (Thailand’s main legal advisory body).
Customs, principles of justice, and equity may also guide interpretation.
3. Principles and Methods of Interpretation
a. Literal (Grammatical) Interpretation
The starting point is the ordinary meaning of the statutory text.
If the wording is clear, the text is applied as written.
b. Systematic Interpretation
Courts interpret statutes in the context of the entire legal system, related statutes, and the purpose of the law.
This approach helps ensure consistency and coherence.
c. Teleological (Purposeful) Interpretation
When the wording is ambiguous or unclear, courts seek the purpose and spirit of the law.
Consideration is given to legislative intent and the law’s objectives.
d. Historical Interpretation
The legislative history, preparatory works, or explanations accompanying the law may be consulted.
Used to clarify ambiguous provisions.
e. Constitutional Consistency
Statutes must be interpreted in a way that aligns with the Constitution of Thailand.
The Constitutional Court has the authority to review laws for constitutionality.
4. Judicial Role
The Supreme Court is the highest judicial authority in ordinary cases.
The Constitutional Court reviews constitutional questions and the validity of statutes.
The Council of State provides authoritative legal opinions and helps guide statutory interpretation.
5. Summary Table
| Method of Interpretation | Description |
|---|---|
| Literal Interpretation | Based on the clear, ordinary meaning of statutory text |
| Systematic Interpretation | Interpretation in the broader context of the legal system |
| Teleological Interpretation | Focus on legislative purpose and intent |
| Historical Interpretation | Use of legislative history to clarify meaning |
| Constitutional Consistency | Ensures harmony with the Thai Constitution |
RELATED Blog
0 comments